Partain v. Cole

CATES, Judge.

Action for damages received when defendant, Cole, negligently drove his automobile into the rear of plaintiff’s automobile. The jury returned a verdict in favor of the plaintiff for $500.00. After the court denied his motion for a new trial, plaintiff appealed, claiming solely that the damages so awarded are inadequate.

Under Proposition of Law 1, appellant cites the case of Yarbrough v. Mallory, 225 Ala. 579, 144 So. 447, as holding that it is the duty of the trial court to grant a new trial for inadequate damages, where, after making all due allowances, the verdict is clearly…